§ 14.4. Procedures for public hearings.

Before the city council may take final action on a proposed rezoning or conditional use the planning commission and the city council shall each hold a public hearing on the request. The public hearings shall be conducted in the following manner:

1.

The planning commission chair or mayor or designated appointee, who will act as presiding official, will convene the public hearing at the scheduled time and place.

2.

The presiding official will call for each application to be presented.

3.

No person in attendance is to speak unless first formally recognized by the presiding official. Upon rising, to speak each person is to state his or her name and home address.

a.

The presiding official may place reasonable time limits on the number of persons who may speak for or against a request, on the time allowed each speaker, and on the total time allowed for presentation of and opposition to the request (giving equal time to both proponents and opponents).

b.

No less than ten minutes is to be provided for all those speaking in support of the requests and no less than ten minutes is to be provided for all of those speaking against, unless such proponents or opponents take less time than the minimum allowed.

c.

If reasonable time limitations permit, any member of the general public may speak at the public hearing.

4.

The applicant will be allowed to speak first in order to present the application. Others in support of the application may then speak, followed by those in opposition to the request. The applicant may then be allowed time for rebuttal if adequate time remains. Rebuttal must be limited to points or issues raised at the hearing by opponents to the request.

5.

During the hearing, members of the planning commission or the city council may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

6.

Decisions:

a.

The planning commission shall make its recommendation no later than the next regular business meeting following its public hearing. The planning commission's action may include recommendations for amendments and/or conditions of approval it deems advisable. A failure to make a recommendation shall go forward as "No Recommendation."

b.

At the next regular business meeting following its public hearing, the city council shall consider the application.

c.

In taking final action on an application, the city council may, where appropriate:

i.

Approve, approve with conditions or deny the application;

ii.

Approve or approve with conditions any portion of the area proposed for rezoning or conditional use or major variance thereby reducing the boundaries of the area;

iii.

If the application is to rezone property, rezone the property or any portion to a more restrictive zoning district than that requested;

iv.

Allow withdrawal if requested by the applicant (with or without imposing the 12 month waiting period for reconsideration);

v.

Table the application for consideration at a specified future regular meeting; or

vi.

Return the application to the planning commission for further consideration.

(Ord. of 4-28-2008)